[Letter]

B-271666 Apr 24, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights During the blizzard of 1996 and some team members were unable to travel to and from their homes because of the blizzard conditions. Was authorized to establish the EST to coordinate relief efforts under the Stafford Act. He determined it was essential to provide hotel rooms to those team members who were unable to travel to and from their homes. Carey: This is in response to your March 28. Letter requesting our opinion on whether it is appropriate for the Federal Emergency Management Agency (FEMA) to reimburse. The hotel costs of 17 federal workers whose services were essential to performing urgent disaster relief efforts pursuant to the Stafford Act. [1] The Director of FEMA. Is authorized by statute to coordinate the federal government's disaster relief efforts. View Decision B-271666 April 24, 1996 The Director, FEMA, established an emergency support team (EST) to coordinate disaster relief efforts under the Stafford Act, 42 U.S.C. Sec. 5121 et seq. (1994), during the blizzard of 1996 and some team members were unable to travel to and from their homes because of the blizzard conditions. The present case warrants an exception to the general prohibition on payment of employee's subsistence expenses at headquarters from appropriated funds. The presidentially declared major disaster conditions presented immediate danger to human life and to property; the Director, FEMA, was authorized to establish the EST to coordinate relief efforts under the Stafford Act; and he determined it was essential to provide hotel rooms to those team members who were unable to travel to and from their homes. Under the particular circumstances, the Director of FEMA may reimburse the lodging expenses of these 17 EST members as necessary to fulfill his statutory duties in a major disaster involving danger to life and property. John P. Carey, Esq. General Counsel Federal Emergency Management Agency Washington, DC 20472 Dear Mr. Carey: This is in response to your March 28, 1996, letter requesting our opinion on whether it is appropriate for the Federal Emergency Management Agency (FEMA) to reimburse, from the President's Disaster Relief Fund, the hotel costs of 17 federal workers whose services were essential to performing urgent disaster relief efforts pursuant to the Stafford Act. [1] The Director of FEMA, acting for the President, is authorized by statute to coordinate the federal government's disaster relief efforts. See 42 U.S.C. Sec. 5170a (1994). The President has delegated to the Director of FEMA the authority to coordinate emergency management and assistance functions of the federal government. See Sec. 4-203 of Executive Order 12148, July 20, 1979, as amended. [2] Section 5122 of the Stafford Act defines major disaster as "any natural catastrophe (including . . . snowstorm . . .) . . . which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby." 42 U.S.C. Sec. 5122 (1994). Your letter states that, pursuant to the Stafford Act, the President declared major disasters in the District of Columbia and Maryland on January 11 due to the winter storms. In addition, five more major disaster declarations were imminent in other states as a result of the winter storm which had occurred on January 6 and 7. Another severe storm was predicted to begin later in the day on January 11. Because of the ongoing and imminent disaster response activity, the Director of FEMA determined that it was essential for FEMA's response efforts to continue through the night of January 11 and into the next day. Therefore, he directed the establishment of an emergency support team (EST) at midday on January 11. The EST served as the federal government's mechanism for coordinating the entire federal response to the severe winter storm which had struck the eastern part of the United States on January 6 and 7 and for the second winter storm which was predicted to begin later on January 11. FEMA identified 30 employees who were available to form an EST. Thirteen of the 30 EST team members either had four-wheel drive vehicles or lived in the vicinity of underground subway stations and were therefore able to work either the day or the night shift of the EST and still commute to and from their homes. However, 17 of the 30 EST team members were not able to rely on four-wheel drive vehicles or underground subway stations to commute to and from the EST, so they were directed to remain at FEMA's headquarters through the night of January 11 and into January 12 in order to be able to coordinate the federal government's disaster response efforts during this critical period.